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Brian D. Bixby

Partner

Office Phone: 617.345.3360
Location: Boston, MA
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Practice:

Bar Admissions:

Massachusetts
U.S. District Court for the District of Massachusetts

Experience:

Mr. Bixby concentrates his practice on all aspects of estate planning; fiduciary administration; probate court litigation: petitions, complaints, appeals, family law, guardianships, and conservatorships; and representation of individuals and major trust departments.

Mr. Bixby came to Burns & Levinson in 1996 from his former firm of Cuddy Bixby, where he directed the trusts and estates and family law practices. He previously specialized in those areas of law at Ropes & Gray.

Mr. Bixby has written and spoken extensively for the Massachusetts Bar Association, Massachusetts Continuing Legal Education, Inc., and the National Business Institute, Inc. Most recently he co-authored such publications as Fiduciary Litigation in the Probate Court, Estate Planning for Incapacitated Persons in the Probate Court, Problem Areas in Probate Planning and Administration, Litigating Will Contests and Accounts, and How to Handle a Will Contest. He has served on numerous committees and subcommittees of the American, Massachusetts, and Boston Bar Associations, and lectures frequently throughout Massachusetts.

Memberships:

American Bar Association, Section of Real Property, Probate and Trust Law
American College of Trust and Estate Counsel, Fellow, Fiduciary Litigation Committee (2007 - present)
Boston Bar Association, Probate Committee
Boston Estate Planning Council
Boston Probate Forum, steering committee (2007 - 2010)
Massachusetts Bar Association, Probate Law Section Council; Energy and Environment Task Force; Probate Litigation Practice Group, Chairperson; Taxation Law Section Council, former Chairperson (2007 - 2009)
Massachusetts Family and Probate Inn of Court, President
Northeastern University School of Law Alumni/ae Association, Board of Directors
Visiting Nurses Association of Boston, Board of Directors

Additional Information:

Mr. Bixby was a U.S. Delegate for the XII International Congress on Family Law (Havana, Cuba, 2002)
Mr. Bixby was appointed to the Fee Arbitration Board of the Massachusetts Bar Association (2003)

Education:

J.D., Northeastern University School of Law, 1977
A.B., Brown University, 1974

Awards:

Mr. Bixby was selected by Best Lawyers in America® (2010) as a leader in his field, Family Law and Trusts & Estates. Best Lawyers® is based on an exhaustive peer-review survey in which 16,000 leading attorneys throughout the country cast more than half a million votes on the legal abilities of other lawyers in their specialties. Inclusion is considered a singular honor.
Massachusetts Super Lawyer in 2009, 2008, 2007, 2006, 2005 and 2004. The selection of attorneys is based on a poll and internal research done by Law & Politics Magazine and reviewed by an independent blue ribbon panel of their peers. Listed attorneys and finalists consist of the top 5% of attorneys in Massachusetts. The listing appeared in the November issue of Boston Magazine and in New England Super Lawyers Magazine. Mr. Bixby was also listed as one of the Top 100 Massachusetts Super Lawyers in 2004.
Mr. Bixby has received the AV rating from Martindale Hubbell, its highest rating.

Quotes:

6/14/2010, NECN - BP weighs massive compensation fund for Gulf businesses
Brian Bixby was quoted on issues regarding a potential BP compensation fund.
3/1/2010, Massachusetts Lawyers Weekly - Rise in bankrupt clients turn lawyers, firms into creditors
Brian Bixby was quoted in this article by Julia Reischel.
2/8/2010, Massachusetts Lawyers Weekly - SJC take aim at fees in case
Brian Bixby was quoted in this article by Julia Reischel.
12/27/2009, Boston Herald - Rich? Die in 2010 and save big on taxes
Brian Bixby was quoted in this article by Jessica Fargen.
9/24/2009, The Boston Globe - State's high court orders disbarred lawyer to stay in jail
Brian Bixby was quoted in this article by John R. Element.
8/24/2009, Rhode Island Lawyers Weekly - 'Upheaval' predicted in wake of work-product ruling
Brian D. Bixby was quoted in this article written by David E. Frank.
8/24/2009, Massachusetts Lawyers Weekly - Attorneys predicting 'upheaval' in wake of work-product ruling
Brian D. Bixby was quoted in the article by David E. Frank.
4/24/2009, Legal Talk Network - The Textron Case & Attorney Work-Product Privilege
Brian Bixby discussed important issues in the Textron case, including the scope of the how much information companies need to divulge to the IRS and perhaps other government regulators.
2/2/2009, Massachusetts Lawyers Weekly - 'Workpapers' protected from disclosure to IRS
Brian Bixby discussed the ruling regarding tax-accrual workpapers, from the case United States v. Textron Inc. and Subsidiaries.
9/26/2008, Worcester Telegram & Gazette - EMC’s Egan sues IRS over $62 million
Brian Bixby was quoted in this article by Thomas Caywood discussing the Egan case where Richard J. Egan, co-founder of data storage giant EMC Corp., is facing off against the Internal Revenue Service in U.S. District Court regarding over $62 million in additional taxes the government collected from Mr. Egan and his wife, Maureen, and three other partners, for the tax years 2001 and 2002.
7/18/2008, WCVB TV - TheBostonChannel.com - Alleged Deadbeat Dad Trying to Keep Millions from Daughter
Brian Bixby and Jeff Solison were quoted in this article featured on TheBostonChannel.com.
7/17/2008, Channel 5 WCVB TV - Interview - Channel 5 WCVB TV
Brian Bixby and Jeff Solison were interviewed regarding their client's case which involved getting money from a protected trust for child support. Watch Interview
5/20/2008, ABA Journal - Plotting Against Probate
Brian Bixby was quoted extensively in the article about recent developments affecting probate practice.
10/3/2007, www.capecodonline.com - Cahir family settles dispute over probate
Brian Bixby was quoted in this article by Hilary Russ.
9/28/2007, Boston Globe - Siblings in noted Cape family clash over will
Mr. Bixby was quoted in this article by Jenna Russell.
4/28/2006, Investor's Business Daily - How to Cope with a Pension Cutback
Brian Bixby was quoted in this article by Kirk Shinkle.
3/1/2006, Sky Radio - Sky Radio Interview with Brian D. Bixby on Estate Planning
Interview broadcast on American Airlines flights in March 2006.
6/27/2005, Massachusetts Lawyers Weekly - "The Producers"
Brian Bixby was featured in the article by Tony Wright. Brian, along with three other top Boston Attorneys are mentioned for their dedication and hard work to their practices.
6/13/2005, Fox News 25 - TV Interview: Joan Kennedy Case
Brian Bixby was interviewed by Fox News 25 regarding the Joan Kennedy case.
6/4/2005, The Boston Globe, pg B4. - "Kennedy Family Battle Goes Public"
Brian Bixby was quoted in this article. "If you commit a crime, you go to jail. In a guardian situation, if you start losing your sharp edge, you can wind up having all your freedoms taken away indefinitely - without ever having harmed a soul."
5/30/2005, Fox 25 news - Interview: "Current Affair"
Brian Bixby was interviewed on the Fox 25 news magazine show "Current Affair" regarding the Kennedy Estate.
5/6/2005, The Boston Globe, pg. B2 and B6. - "Parents Fight Over Right to Sue in Boy's Death"
Brian Bixby was quoted in this article by Patria Wen. "The odds are 95 percent that the court will appoint neither of them."
4/13/2005, The Boston Globe - "Kennedys Disagree on Sale of Cape House"
Brian Bixby was quoted in the article discussing the Kennedys estate and Cape House.
3/27/2005, Boston Herald - "Case Spurs Rush on Living Wills"
Brian Bixby was quoted in the article.
1/31/2004, Boston Globe - "Father Wins Case Against Fertility Clinic"
Brian Bixby was quoted in the article.
8/7/2003, The Boston Globe - "Supporters of Charitable Retreat Fight Its Closure"
Brian Bixby was quoted in the article by Andrea Estes.
7/18/2003, The Gloucester Daily Times - "Battle Continues to Keep Rockport Lodge Open"
Brian Bixby was quoted in the article by Josh Odell.
7/9/2003, The Boston Globe - "A Family Divided"
Brian Bixby was mentioned in the article by Steve Bailey.
7/6/2003, The Los Angeles Times - "Book on Unsolving Killing Rattles Cape Cod Town"
Brian Bixby was quoted in the article by Elizabeth Mehren.
6/26/2003, the Boston Herald - "Ava's Pain"
Brian Bixby was quoted in the article by Jessica Heslam.
5/10/2003, Boston Herald - "Harrington's $25M Bequest to MGH Eyed"
Brian Bixby was quoted in the article by Scott Van Voorhis.
5/9/2003, Boston Herald - "AG Probes Yawkey Charity's Handouts"
Brian Bixby was quoted in the article.
12/23/2002, Massachusetts Lawyers Weekly - "Are Term Limits For Judges a Possibility?"
Brian Bixby was quoted in this article.
7/17/2002, Boston Herald - "Will Stands in Son's Way: Experts: John Henry Faces Tough Fight"
Brian Bixby quoted in the article.
6/15/2002, The Boston Globe, (pg. A1) - "Williams Daughter Urges Respect for Privacy"
Brian Bixby quoted in the article.
6/7/2002, The Boston Globe - "This Land is Whose Land? In, Court, Siblings Argue Over Will, Future of Farm"
Brian Bixby quoted in this article by Christine McConville.
3/19/2002, The Boston Globe (pg. B2) - "Accused Tries to Claim Insurance; Daughter Works to Stop Her Mother Before Murder Trial"
Brian Bixby quoted in story by Andrea Estes.
2/14/2002, The Boston Globe (pg. B2.) - "Judge is Ordered to Repay $60,000 in Excessive Fees. Expenses Sought as Executor of Cousin's Estate."
Brian Bixby is quoted in this article by Andrea Estes.
1/16/2002, WEEI Radio - Dale Arnold Show
Brian Bixby was interviewed regarding the sale of the Red Sox.
12/28/2001, Boston Herald (pg. 1, 27) - "AG Rips Sox, Reilly: Team Won't Divulge Info on Sale"
Brian Bixby is quoted the story by Greg Gatlin.
12/28/2001, Boston Herald (pg. 26) - "AG Has Sale Oversight, Expert Says Red Sox Should Hand Over Documents"
Brian Bixby was quoted in the article by Jack Sullivan.
12/28/2001, WEEI - Dale Arnold Show
Brian Bixby was interviewed on the investigation of the Red Sox sale by the Attorney General.
10/19/2001, The Boston Globe (A12) - "Law's Quirk Gives Greineder Control of Slain Wife's Assets"
Brian Bixby is quoted in the cover story by Andrea Estes.

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Recent Articles and Publications:

The Massachusetts Divorce Law Practice Forms
Massachusetts Continuing Legal Education, Inc. (MCLE), 2009
Co-editors: Phyllis E. Federico, Peter F. Zupcofska, et al. Other Burns & Levinson contributing authors: Brian Bixby, Lisa Cukier & Jeffrey Soilson.

Death and Taxes - Not So Certain After All: Important News About the Federal Estate Tax
Tax & Estate Planning Advisory, January 2010

Massachusetts Probate Manual
Massachusetts Continuing Legal Education, Inc. (MCLE), 2009
Brian Bixby was a co-author of this MCLE featured book on probate administration and procedure.

The New Massachusetts Uniform Probate Code: Overview
Massachusetts Continuing Legal Education, Inc. (MCLE), 2009
Brian Bixby, Clifford Cohen, Dianne Frade and Marshal Grant served as contributing authors to Section Six, "How Marriage, Divorce, Intestacy, and Litigations May Be Impacted by the Massachusetts Uniform Probate Code".

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Speaking Engagements:

"Representing Estate and Trust Beneficiaries" for ALI ABAs 13th Annual Advanced Course of Study for the Estate Planner, Litigator, and Corporate Fiduciary Counsel, 7.15.2010
Location: Langham Hotel, Boston MA
Role: Faculty Member
Topic: When Co-Trustees Disagree

MCLE's GAL Training for Category D Matters: Part II, Advanced, 7.7.2010
Location: MCLE Webcast
Role: Chair
Topic: Meeting the yearly requirements to remain on the court approved list

Massachusetts Forum of Estate Planning Attorneys, 4.30.2010
Role: Speaker
Topic: Lessons from the Litigator: Estate Planning Tips from a Fiduciary Litigator

Peak Financial Management, Inc. Dinner Seminar, 4.29.2010
Role: Speaker
Topic: Changes in the Estate Tax Laws

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